Lord Maugham:-

This is an appeal from the decree of the Supreme Court of the Island of Ceylon dated 23rd October 1933, setting aside a decree of the District Judge of Kurunegala, dated 29th April 1932. The latter decree dismissed the action wherein the original plaintiff was one John de Silva Rajapakse and the original defendant was the present appellant. The original plaintiff instituted the action as long ago as 30th November 1926, for a declaration that he was entitled under a deed of gift No. 1294 of 21st

September 1908, executed in his favour when a minor aged five years by his father W. Benjamin Rajapakse (who was added as defendant in the course of the proceedings but has not appeared before this Board), to a property called Raigam-watte consisting of six specified lots of land of the aggregate extent of about 250 acres.

The problems that arise for decision in the proceedings are due to the circumstance that the added defendant whom it will be convenient to call Benjamin Rajapakse, notwithstanding the deed of gift executed by him in 1908, purported by a deed of transfer No. 5487, dated 28th September 1915, to convey the same estate to the appellant who thereupon entered into po